Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the information contained in the Government's last report.

In its previous comments, the Committee had recalled the need to amend the Settlement of Disputes (Essential Services) Act, as amended by Act No. 32 of 28 April 1994, which provides a list of services where the right to strike is prohibited. The Committee considers, in the same way as the Committee on Freedom of Association in its conclusions in Case No. 1775 (295th Report, paragraphs 502-518, approved by the Governing Body in November 1994), that certain of the services included in this list (such as the postal, monetary, financial and transport services and services in which petroleum products are sold) go beyond the strict sense of essential services, that is those services the interruption of which would endanger the life, personal safety or health of the whole or part of the population; it therefore requests the Government to amend the list of essential services accordingly.

In its previous report, the Government had again indicated that discussions were under way regarding the amendment of the list of essential services and that it would inform the ILO of progress made in this regard. The Committee expresses the firm hope that the list of essential services will be amended in the near future so that the prohibition on the right to strike is restricted to essential services in the strict sense of the term and to public servants exercising authority in the name of the State. The Committee again requests the Government to provide a copy of the amendments made to bring the legislation into full conformity with the principles of freedom of association as rapidly as possible.